Appellate Division: Second Judicial Department

M148259

E/sl

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-10800 Lawrence G. Nusbaum, appellant, v Susan Nusbaum, respondent. (Index No. 07-12602)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Westchester County, dated October 23, 2012, as denied his motion to change custody, directed the parties to adhere to a visitation schedule contained in their stipulation of settlement dated February 9, 2011, and, in effect, vacated a temporary restraining order prohibiting the respondent from operating a motor vehicle with the children as passengers pending hearing and determination of an appeal from the order, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for a stay is granted to the extent that the respondent's visitation with the children shall consist of visits on two days per week, two hours per day, and the respondent shall not operate a motor vehicle with the children as passengers, in accordance with the temporary restraining order issued by a Justice of this Court, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before January 16, 2013, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 16, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appeal will be calendared expeditiously after all of the briefs have been filed.

MASTRO, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court